Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
appeal from the County Court No. 2 of Cameron County, Texas.
Chief Justice Valdez and Justices Rodriguez and Hinojosa.
ORDER ABATING APPEAL AND REFERRING CASE TO
Zuleika Dragustinovis and Rosembrandt Gonzalez filed suit
against Ford Motor Credit Company, LLC d/b/a Ford Credit
(Ford Credit) and appellees Centroplex Automobile Recovery,
Inc., John Thompson, and Trevor Lovett,  complaining of
the repossession of their vehicle. Appellants alleged
multiple causes of action against appellees, including DTPA
violations, breach of warranty, fraud, breach of fiduciary
duty, violations of the Texas Debt Collections Act, breach of
the peace, and breach of contract. They sought damages
sustained by both appellants and personal injuries sustained
filed traditional and no-evidence motions for summary
judgment, which the trial court granted on February 9, 2015.
The case continued against co-defendant Ford Credit until
appellants' claims against Ford Credit settled. On
February 2, 2016, the trial court ordered appellants'
claims against Ford Credit dismissed and finally disposed of
all issues and parties in the case. This appeal followed.
twelve issues which we have reorganized and renumbered as
eight, appellants argue that the trial court erred: (1) in
granting appellees' traditional motion for summary
judgment on appellants' DTPA claims, claims determined to
be time barred, and claims determined to have no casual
connection between appellees' conduct and appellants'
injuries; and (2) in granting appellees' traditional and
no-evidence motions on appellants' breach of warranty
claims, constructive fraud claims, breach of fiduciary duty
claims, breach of peace claims that derived from the UCC, and
breach of contract claims.
reviewed the record, the Court has determined that this
appeal should be referred to mediation. Accordingly, it is
ORDERED that this appeal be ABATED and the issues in this
appeal be mediated under the following terms and conditions:
1. The parties must promptly agree upon a mediator and,
within seven days of this Order, notify the Court in writing
of the name and address of the mediator selected. If the
parties are unable to agree upon a mediator, they must so
notify the Court within the seven day period.
2. All parties must confer with their mediator within seven
days of the date of this Order to establish a date and place
for the mediation. The parties shall agree on a date for the
mediation that is consistent with the mediator's schedule
and is no later than thirty days after the date of this
Order. In the event the parties cannot agree on a date, the
mediator shall select and set a date. The mediator shall
notify the Court of the date selected for the mediation.
3. In the discretion of the mediator, each party may be
required to provide a confidential memorandum and/or
information sheet setting forth the issues of the case and
their positions on these issues. Additionally, upon request
of the mediator, the parties shall produce all information
the mediator deems necessary to understand the issues of the
case. The memorandum and/or information sheet and other
information produced to the mediator will not be made a part
of the file in this case and will be destroyed by the
mediator at the conclusion of the mediation proceeding.
4. All parties to this matter or their authorized
representatives, accompanied by their counsel, must appear
and attend the mediation proceeding.
5. Mediation is a non-binding settlement conference conducted
with the assistance of a mediator. The mediation proceeding
will be confidential within the meaning of the Texas Civil
Practice and Remedies Code sections 154.053 and 154.073.
See Tex. Civ. Prac. & Rem. Code Ann.
§§ 154.053, 154.073 (West, Westlaw through 2015
6. Unless otherwise agreed, the mediation proceeding will not
7. The mediator will negotiate a reasonable fee with the
parties. The mediator's fee will be borne equally by the
parties unless otherwise agreed by the parties, and ...